The jury in the Lindsay Clancy trial told the judge for a third time that it could not reach a unanimous verdict, leading to a potential mistrial.
The jury sent the court a note saying, “with a heavy heart,” that it was unable to reach a unanimous decision and would not be able to do so.
The panel, consisting of nine women and three men, had already informed the judge twice earlier in the week that deliberations had stalled.
The latest impasse came after the judge declined to remove a juror whom the defense identified as an apparent holdout.
According to a letter from the jury foreperson, that juror had expressed doubt about the case but allegedly refused to follow the court’s instructions concerning reasonable doubt.
Judge Sullivan said there was no indication the juror was refusing to deliberate. He reminded the entire panel that jurors were required to follow the law, regardless of whether they agreed with it. Prosecutors supported declaring a mistrial after the repeated deadlocks.
Defense attorney Kevin Reddington instead asked the judge to send the jury back for further deliberations and later sought an emergency stay so he could appeal directly to the Massachusetts Supreme Judicial Court.
Sullivan said he intended to declare a mistrial but delayed the formal decision for one hour to allow the defense to file its emergency appeal.
Clancy, a former labor and delivery nurse, is accused of fatally strangling her three children eight month old Callan, 5-year-old Cora and 3 year old Dawson in January 2023.
Her defense maintains that she was experiencing postpartum psychosis and therefore should not be held criminally responsible.
Prosecutors from the Plymouth County District Attorney’s Office argue that her actions were intentional, rational and deliberate.
If a mistrial is declared, prosecutors could pursue another trial with a new jury, negotiate a plea agreement with Reddington or drop the case.
Clancy would remain in the psychiatric facility where she has been held while any new proceedings are considered. Reddington said Wednesday that he was prepared to try the case again if necessary.
